scholarly journals Legal Governing of e-contracts in Georgian Legislation

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Tea Edisherashvili

Technical progress has essentially changed the social world of humans. Civil turnover has encompassed the contracts already signed using e-means which saves time, consolidates commercial relations, and increases commercial efficiency. This is one of the many reasons why signing e-contract in recent decades has become popular worldwide and is demanding. Constantly promoting and changing technologies has put law against serious challenges. Aside the international legal acts, it has become necessary to make amendments in national legislation, which together with national characteristics is in harmony with international conventions and directives. The global pandemic in 2020 has resulted to the special need for developing internet commercial infrastructure (Smartloan.ge, 2020). This paper focuses on examining the legislation applicable in Georgia in the field of e-commerce, namely Civil Code (1997), Georgian laws: “About e-communication” (2005), “About e-document and free flow code” (2012),“About e-document and reliable e-service” (2017). Despite the fact that indicated laws (particularly the last two bills adopted recent years) is at certain extent in relevance with the international acts acknowledged internationally, e-commerce which is subject to applicable legislation is not regulated perfectly. The aim of this paper is not only the review of the above mentioned legislation, but it also establishes some recommendations for making Georgian legislation perfect in the field of ecommerce. Georgian legislation applies no regalements for directly signing econtracts, namely the customer, as well as non customer contract governing mechanisms. Certain statements and principles of applicable Georgian Civil Code, in addition to Georgian law about e-document and reliable e-service, at the moment of signing the contract and at pre-contract stage which regulates separate issues that are specific to e-communication does not create legal principles. For the purpose of eradicating the mentioned discrepancies, it is necessary to make exact regalement of e-commerce by adopting e-commerce (applicable in whole range of countries) while considering its specification.

2020 ◽  
Author(s):  
Emily Foster-Hanson ◽  
Marjorie Rhodes

How do we explain the behavior of the many people we meet throughout our lives? Children and adults sometimes consider other people in terms of their social category memberships (e.g., assuming that a girl likes pink because she is a girl), but people view some categories as more informative than others, and which people think of as informative varies across cultural contexts. One type of culturally-embedded knowledge that appears to shape whether people view particular categories as providing explanations for behavior are beliefs about how the category came to be. In the current studies with 4- to 5-year-old children (N = 206), we ask how learning about quasi-scientific or supernatural causal origins of a category shapes young children’s use of categories to predict and explain what category members are like. In Study 1, children more often used a category to explain behavior when they heard the category described as intentionally created by a powerful being than when they heard no explicit information about its origins. In Studies 2 and 3, learning about both quasi-scientific and supernatural causal origins shaped children’s social category beliefs via a common mechanism: by signaling that the category marked a non-arbitrary way of dividing up the social world.


2020 ◽  
Vol 56 (4) ◽  
pp. 704-713
Author(s):  
David Rowe

The Covid-19 global pandemic posed a particularly acute problem for sport. Although there was massive sectoral disruption in areas like higher education, music, and tourism, sport is unusually dependent on commercial media-financed, impossible-to-repeat live events performed before large co-present crowds that form a key part of the spectacle for the many times larger, distant audiences using an expanding range of screens. Covid-19 exposed the inner workings of sport as a machine that could be disabled by its own global interdependency. The compulsive generation of inequalities of class, ‘race’/ethnicity, gender, sexuality, age, ability, space, and so on resulting from the advanced commoditisation and consequent hierarchisation of contemporary global sport, created the structural imbalance and vulnerability that Covid-19 has mercilessly punished. This article applies a sociological analysis to sport before, during and after the pandemic, arguing that an emphasis on the relationships between human rights and cultural citizenship is required to improve the social institution of sport. It argues that if sociology does not play a key role in reforming sport after Covid-19, then it will have lost the moral compass that first guided the discipline in early modernity when the institution of sport emerged.


Digithum ◽  
2019 ◽  
Author(s):  
Soile Veijola ◽  
Emily Höckert ◽  
David Carlin ◽  
Ann Light ◽  
Janne Säynäjäkangas

In this paper, five authors account for the rethinking of a conference as a series of postcards, letters, rules and silent moments so that traditional hierarchies of knowledge could be overturned or, at least, sidelined. We recount how the place we convened was enlisted as an actor and the dramas and devices we applied to encounter it. We use this accounting to problematize the conventional practices of goal-oriented meetings and co-authored papers as forms of academic meaning-making. In finding a meeting point where expertise was disorientated and status undressed, we were able to investigate the idea of co-being between human and nonhuman realities as the step social theory needs to take to become a point of connection with the social world, instead of an escape from it. We conclude that this involved silence and necessary fictions as a means to consider the future and past in the moment of meeting.


2016 ◽  
Vol 71 (03) ◽  
pp. 343-360
Author(s):  
Andrew Abbott

This article takes a processualist position to identify the current forces conducive to rapid change in the social sciences, of which the most important is the divergence between their empirical and normative dimensions. It argues that this gap between the many and various empirical ontologies we typically use and the much more restricted normative ontology on which we base our moral judgments is problematic. In fact, the majority of social science depends on a “normative contractarianism.” While this ontology is the most widely used basis for normative judgments in the social sciences, it is not really effective when it comes to capturing the normative problems raised by the particularity and historicity of the social process, nor the astonishing diversity of values in the world. The article closes with a call to establish a truly processual foundation for our analysis of the social world, which must move away from contractualism and imagine new ways of founding the human normative project.


2016 ◽  
Author(s):  
Anna Kacperczyk

The paper reports my research efforts to reveal emotional aspects of climbing activity. The base of my considerations is ethnographic research on the social world of climbing. I consider possible ways of tracking emotional aspects of climbing activity using observations of climbing situations, video materials, autobiographical existed data, interviews with climbers, but also autoethnography. The subjects of my interest are emotions experienced by climbers at the moment of ascending. Especially I am interested in fear being immanent and inseparable part of climbing activity. Inspired by observed scene of initial climbing of young boy, I have started to recall my own experiences with fear and re-collect them using autoethnography ex-post and fieldnotes from the beginning of my climbing practices. This new path of analysis was supported with intensive searching for similar instances in interviews, documentary movies and other data sources. The investigation process confirmed the importance of fear theme in climbing activities and helped me to re-construct the climbers’ ways of overcoming the fear and conditions of this process on the path I had been attending — situation of climbing course. I rich a conclusion that using own body experience and autoethnographic approach is very helpful in reporting on emotional aspects of studied activity.


2017 ◽  
Vol 37 (3) ◽  
pp. 331-333 ◽  
Author(s):  
Olga Kravets
Keyword(s):  

Robert Lusch (2015) astutely observes that humans are “massive creators of tools and we need to start understanding that.” In my commentary, I seek to complicate and extend this statement on tools or technology by drawing attention to the magic of technology, and how it simultaneously obscures the view of things and invites a fetishistic belief in technological efficacy to change the world. I argue that we must deepen our discussion of technology and start questioning the many ways that today’s technology orders the social world and humans.


2020 ◽  
Author(s):  
Benjamin Bagozzi ◽  
Ore Koren

The social and economic burdens of pandemics are becoming increasingly well-known. This paper seeks to gain a better understanding of this phenomena by assessing one highly prevalent global pandemic: malaria. It does so by evaluating malaria's burden on the political ties of nation-states, and on international relations more generally. We posit that malaria dissuades foreign countries from locating their envoys in malaria-affected states. As a consequence, a protracted pandemic has the potential to undermine the political ties of nation-states, as well as the many benefits of these connections. This argument is tested empirically using both directed-dyadic and monadic data. We find that malaria not only serves to discourage foreign governments from establishing diplomatic outposts, but also decreases the total diplomatic missions that a country receives. These findings thus have important policy implications, especially for developing states that seek to increase their global political impact while simultaneously combating persistent pandemics.


2020 ◽  
Vol 1 (2) ◽  
pp. 33-36
Author(s):  
Ryan Prastya Mariata Putra ◽  
Ida Ayu Putu Widiasti ◽  
Ni Made Puspasutari Ujianti

The influence of globalization that occurs today has made information and communication technology became something very important for society because it presents a world without boundaries, distance, space, and time. This has made changes to the lifestyles of the people as well as changed the social, economic, cultural, security, and law enforcement. This research was conducted with the aim of describing the rights and obligations of the parties in an Instagram trade agreement and the legal consequences of negligence on an Instagram trade agreement. This research was conducted using normative legal research methods. The results of this study showed that the rights and obligations of the parties to the engagement on Instagram are regulated in the PK Law. Consumers and business actors have their respective rights and obligations. In addition, the legal consequences for a debtor/party who has the obligation to perform in the engagement but has committed negligence, namely: he must pay compensation suffered by the creditor/party who has the right to receive achievement (vide Article 1243 of the Civil Code); he must accept the decision of the engagement accompanied by payment of compensation (vide Article 1267 of the Civil Code); he must accept the transfer of risk from the moment of failure (vide Article 1237 paragraph (2) of the Civil Code); and he must pay court fees if litigated in court (vide Article 181 paragraph (1) HIR).


2021 ◽  
Vol 18 (49) ◽  
pp. 205-217
Author(s):  
Nikola Bubanja ◽  

Donne’s poems with a distinctive focus on the intimate / public opposition may be read in the biographic context of the poet’s ambitions in terms of social position. The paper at hand, however, aims to offer a different social context for these poems (Good Morrow, Sun Rising, Canonization, Break of Day). The concept of intimate in these poems, it is argued, is not to be read as stemming from the pressure of the public, but rather as an element of a narrative construed by the interpretative community. In that sense, it is not the intimate that begets the desire for withdrawing from the public; rather, it is the social narratives, such as the narrative of separation and initiation, that construe the intimate. Further, all of Donne’s poems invoked in the paper are aubades, and aubades can also be seen as poetic realizations of a segment of the narrative of separation, illumination and the return of the hero (as defined by Campbell). Thus, Donne’s aubades are poetic representations of the nadir of the schematic circle of the monomyth – of the moment directly preceding the reintegration of the hero into the society, with separation and illumination looming from the background. Though problematization of the return is well within the scope of the original concept of the monomyth (as are many of the variations found in Donne’s verses, like the external intervention, the lack of will to exchange the tranquility of the illumination for the raggedness of the world, etc.) Donne seemingly finds room for integrating the metapoetic into the scheme: the ordinary (Petrarchan) verses will not do to pass on the experience of the illumination, but Donne’s new idiom, one that shies not from painting resurrections with orgasms, itself withdrawn from the many, if read right, might prove a vehicle of saints, which will intercede with the higher understanding and exist- ence for the benefit of the understanders. Thus, Donne also seemingly sees his poetry as rein- vigorating and consequently, participating in the creation of the social narratives of intimacy.


1996 ◽  
Vol 30 (3-4) ◽  
pp. 223-233
Author(s):  
Heike Jung

Comparisons within the field of sanctions have a long established tradition. Yet, at the same time, they are of a particular difficulty. In our search for the standards governing the system of sanctions we are referred to the general standards of civilization and culture. Perhaps, more than anything else in the criminal justice system, sanctions form part of the cultural pattern of society and, in turn, help creating or reinforcing a particular social pattern. As Garland puts it: “Punishment is one of the many institutions which help construct and support the social world by producing the shared categories and authoritative classifications through which individuals understand each other and themselves”. The particular cultural orientation and ambiance of sanctions do not allow for the light-handed transplant of elements of the system of sanctions from one jurisdiction to another. On the other hand, within a field of law which is, to put it mildly, not exactly characterized by an overflow of solutions and categories, an international and cross-cultural exchange of information has always been considered indispensable for the development of one's own system. Moreover, the concept of Human Rights has come to operate as a cross-cultural yardstick of comparison despite continuing discussion about its universalizability. Notwithstanding existing cross-cultural and individual differences, the measure of pain which States may impose on an individual in reaction to an offence is a matter of universal concern.


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